New South Wales Consolidated Regulations

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STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3D.61

Earthworks, retaining walls and structural support

3D.61 Earthworks, retaining walls and structural support

(1) Excavation Excavation for the purposes of development under this code must not exceed a maximum depth, measured from ground level (existing), of--
(a) if located not more than 1m from any boundary--1m, or
(b) if located more than 1m but not more than 1.5m from any boundary--2m, or
(c) if located more than 1.5m from any boundary--3m, or
(d) if carried out wholly within the footprint of a building or any attached development or detached development--3m.
(2) Subclause (1) does not apply to excavation for the purposes of a footing associated with development that is a farm building, unless the development is on land that is identified for the purposes of an environmental planning instrument as Class 1, 3, 4 or 5 on an Acid Sulfate Soils Map.
(3) Despite subclause (1), the excavation must not exceed a maximum depth, measured from ground level (existing), of 1m if the land is identified as Class 1, 3, 4 or 5 on an Acid Sulfate Soils Map or is within 40m of a waterbody (natural).
(4) Before an excavation that exceeds a maximum depth, measured from ground level (existing), of 1m is carried out on a lot, a groundwater works summary must be obtained for the lot that shows that there is no groundwater present on that part of the lot on which the excavation is to be carried out or that groundwater is present on that part of the lot but is below the level of the excavation.
Note : Groundwater summaries are available from waterinfo.nsw.gov.au.
(5) Fill Fill must not exceed a maximum height, measured from ground level (existing), of--
(a) if the fill is for the purposes of the erection or alteration of, or an addition to, a dwelling house under this code--1m, and
(b) if the fill is for any other purpose under this code--600mm.
(6) Despite subclause (3), the height of fill contained wholly within the footprint of a building or any attached development or detached development is not limited.
(7) Fill that is higher than 150mm above ground level (existing) and is not contained wholly within the footprint of a building or any attached development or detached development is limited to 25% of the landscaped area of the lot.
(8) The ground level (finished) of the fill must not be used to measure the height of any building or any attached development or detached development under this code.
(9) Retaining walls and structural supports Support for earthworks more than 600mm above or below ground level (existing) must take the form of a retaining wall or other structural support that--
(a) a professional engineer has certified as structurally sound, including in relation to (but not limited to) the ability to withstand the forces of lateral soil load, and
(b) has been designed so as not to redirect the flow of any surface water or ground water, or cause sediment to be transported, onto an adjoining property, and
(c) has adequate drainage lines connected to the stormwater drainage system for the site, and
(d) does not result in a retaining wall or structural support with a total height measured vertically from the base of the retaining wall or structural support to its uppermost portion that is more than the height of the associated excavation or fill, and
(e) is separated from any retaining wall or structural support on the site by at least 2m, measured horizontally, and
(f) if the retaining wall is erected on a lot with an area greater than 4,000m 2 --
(i) is not more than 10m from the dwelling house and any attached development, measured horizontally from the point of the retaining wall that is furthest from the dwelling house and any attached development, and
(ii) is not more than 5m from any detached development, measured horizontally from the point of the retaining wall that is furthest from the detached development, and
(g) has been installed in accordance with any manufacturer's specifications, and
(h) if it is an embankment or batter--has a toe or top that is more than 1mfrom any side or rear boundary.
(9) Footprint In this clause,
"footprint" has the same meaning as it has in Division 7.
Note 1 :
"Excavation" ,
"fill" and
"ground level (existing)" have the same meanings as they have in the Standard Instrument.
Note 2 : Fill and excavation that is not associated with a building may be exempt development under clauses 2.29 and 2.30.



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